Real Estate & Property Law

Water Needs vs. Property Rights

By Alan Ackerman

Nevada needs to extend a water pipeline through Richard O'Neil's 12 acre retirement property. Many States have a procedure in which the government must first provide an appraisal prior to acquisition and attempt to negotiate with the owner based on his own appraisal. Nevada, however, has filed eminent domain proceedings without waiting for O'Neil's own detailed appraisal to be completed. Depending on Nevada law, the State may have to be patient, because if it has failed to follow appropriate procedure, it will not be entitled to the property. Hopefully the law will at least allow Mr. O'Neil to present his appraisal before losing title.  

The Union

O'Neil has asked officials to delay embarking on the path of eminent domain until after Short has delivered his appraisal.

'I am cooperating, but this, I think is a little too soon,' O'Neil said during Wednesday's hearing. 'I should have my appraisal in first ... I'm pretty threatened about this eminent domain proceeding.'

NID is on a tight construction schedule, with plans to finish the pipeline by January 2012, NID Engineer Gary King said.

 

Full post as published by National Eminent Domain Blog on March 21, 2011 (boomark / email).